Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

SHAMUGAMNATHAN RAMASAMY v. VITAL UNIVERSAL CABLES SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1187 OF 2017 [CASE NO: 19/4-81/17]
28 AUGUST 2017


MOHD AZIZI SOHAN v. ASIAN KITCHEN (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 1407 OF 2017 [CASE NO: 19/4-605/15]
5 OCTOBER 2017

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Article Highlight

SUSPENSION? INVESTIGATION? LEADING TO TERMINATION? ALL WITHIN THE IMPLIED RIGHT TO ISSUE LAWFUL AND REASONABLE DIRECTIONS???
AUSTRALIA
Employment
Employer's right to issue lawful and reasonable directions can be powerful tool in managing allegations of misconduct
In considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.

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COMPETITOR ORDERED TO PAY OVER $6 MILLION IN PROFITS IN RESPECT OF THEIR EMPLOYEES' BREACHES OF DUTIES TO A FORMER EMPLOYER
AUSTRALIA
Employment
Different ways in which companies can recover damages for breaches of duties by ex-employees
In a recent decision, a funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan), successfully brought claims against two of its former employees for using confidential information they took during their employment and disclosing it to a competitor. The Full Court of the Federal Court of Australia (Full Court) found that the senior managers of Lifeplan, Mr Woff and Mr Corby, breached their fiduciary obligations, including obligations under the Corporations Act 2001 (Cth) (Corporations Act), by using Lifeplan's confidential documents to create a business plan aimed to directly compete with the business of Lifeplan. They then disclosed that business plan to a competitor, the Ancient Order of Foresters in Victoria Friendly Society Limited (Foresters), which subsequently became their employer.

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Global Media Reports

MALAYSIA

IMF gives thumbs up to Malaysia
Free Malaysia Today | 12-Dec-2017
KUALA LUMPUR: The International Monetary Fund (IMF) has projected Malaysia’s real gross domestic product (GDP) growth to be at 5.5%–6% for 2017, bette...

Malaysian side lagging on MoU
The Phnom Penh Post | 08-Dec-2017
A memorandum of understanding meant to beef up protections for Cambodian maids in Malaysia is still on hold after Malaysia’s human resources minister ...

ASEAN

Australia fights to boost domestic shipping
Ship Technology | 12-Dec-2017
Australian unions have launched a new campaign ‘to save Australian shipping’, at a time when the number of Aussie-flagged vessels continues to decline...

Landmark discrimination decision handed down in China
HRD Singapore (blog) | 08-Dec-2017
A Beijing woman has won a landmark discrimination case after she was dismissed by her employer because she was pregnant. ...

WORLD

Saudi arrests 180,000 residence, labour law violators
Gulf Business News | 12-Dec-2017
Saudi authorities have arrested more than 180,000 violators of residence, labour and border security laws as part of a crackdown that began in mid Nov...

Law on salary deductions invalid
Business Day | 08-Dec-2017
In a landmark case, the Constitutional Court has ruled that employers of public servants may no longer unilaterally make salary deductions without due...

See all previous Global Media Reports

New! LLB Bulletin #12/2017